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Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

12 FLRA No. 45
U.S. ARMY ENGINEER DISTRICT
LOS ANGELES
(Activity)
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL No. 777
(Union)
Case No. O-AR-412
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator William S. Rule filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
The Arbitrator determined that the grievance was not processed in a
timely manner by the Union in accordance with the time limitations
specified in the parties' collective bargaining agreement and that there
had been no valid waiver of the time limits. Accordingly, as his award,
the Arbitrator held that the grievance was not arbitrable.
In its exception, the Union contends that the Arbitrator's findings
and conclusion were contrary to the facts and evidence presented by the
Union. Upon careful consideration of the entire record before the
Authority, including the parties' contentions, the Authority concludes
that the Union's exception constitutes nothing more than disagreement
with the Arbitrator's findings and conclusion regarding compliance with
the procedural requirements of the parties' collective bargaining
agreement and provides no basis for finding the award deficient. E.g.,
Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades
Council, 10 FLRA No. 8 (1982).
Accordingly, the Union's exception is denied. Issued, Washington,
D.C., June 13, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY